The E3 Visa: Australian Nationals Working in Specialty Occupations

The E3 is a newly-added multiple-entry visa exclusively reserved for Australian nationals working in various “specialty occupations” in the U.S.  The visa applicant needs to have a U.S. job offer in a “specialty occupation” before he/she can apply for the E3 visa.

The E3 is exclusive to Australian nationality, much like how the H1B1 is exclusively reserved for nationals of Singapore and Chile.  The substantive requirements for job, pay, and candidate qualification are similar to the H1B.  However, unlike H1B visa application, petition approval from the USCIS is not a prerequisite for the E3 visa application. The E3 application is processed through an U.S. consulate or embassy, analogous to E1/E2 visas.  Currently, those already present in the U.S. are not allowed to change to E3 status or extend E3 status through the USCIS from within the U.S.

The E3 has an annual limit of 10,500 visas, not including children/dependents and E3 visa extensions.  In practice, E-3 visa demand has never exceeded the number limit, so quota has not been an issue thus far. 

Like the H1B, the E3 requires work in a specialty occupation, defined as:

If the job requires licensure or other proofs of official permission to perform the specialty occupation, the applicant must submit requisite licensing or permission documents before the E-3 visa may be granted.  Moreover, it is the employer’s responsibility to file a Labor Condition Application (LCA) from the U.S. Department of Labor. 

The applicant must show that his or her stay in the U.S. will be temporary and the validity of the visa should not exceed the validity period of the LCA. The Department and DHS have agreed to a 24-month maximum validity period for E-3 visas.  E-3 applicants are admitted into the U.S. for an initial two-year period, renewable indefinitely.  An E3 status holder may change employers once he or she is in the U.S. without applying for a new visa, but the new employer must submit a new Labor Condition Application (LCA) and the gap between jobs must be 10 days or less.

The spouse and children of an E3 applicant can come to the U.S. along with the principal by applying for an E3D (dependent) visa. Dependents do not need to be Australian citizens. Finally, the E3 visa holder can enter the U.S. 10 days before the starting date of his/her employment; and can stay 10 days after he or she finish the job.

Our Services

If an E3 visa sounds right for you, Z&A can help assess your situation and put forth a winning application.  We invite you to email attorney at info@hooyou.com for a free consultation.

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Founded in 1996, Zhang & Associates, P.C. offers legal services to clients nationwide in all aspects of U.S immigration law. We have successfully handled thousands of immigration cases.

At Zhang & Associates, P.C., our attorneys and supporting professionals are committed to providing high-quality immigration and non-immigration visa services. We specialize in NIW, EB-1, PERM, and I-485 cases. In the past twelve years, we have successfully helped thousands of clients get green cards. If you plan to apply for a green card, please send your CV to Attorney Jerry Zhang (info@hooyou.com) for a free evaluation.

Zhang & Associates, PC.

Houston ∙ New York ∙ Chicago ∙ Austin
Tel：1-800-230-7040, 713-771-8433
Email: info@hooyou.com
website：http://www.hooyou.com

(10/16/2008)

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